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Patent Law

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Bayer Submits Brief in Therasense v. Becton Dickinson

By Donald Zuhn, Kevin Noonan, Chris Singer, Sherri Oslick, and Jason Derry

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By Kevin E. Noonan -- Co-defendant Bayer Healthcare LLC has submitted its brief in the Federal Circuit's en banc reconsideration in Therasense Inc. v. Becton Dickinson & Co. The brief's basic argument is that the Court's application of the inequitable conduct doctrine needs to be revised in keeping with traditional standards and that the Court should apply an "unclean hands" approach. "The Court does not need the hatchet offered by Abbott and need only take a scalpel to a few targeted areas of the inequitable conduct doctrine," according to Bayer's brief. The inequitable conduct doctrine is broader than common law...

Full post as published by Patent Docs on October 21, 2010 (boomark / email).

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